Rosenblum v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The record demonstrates that the City did not receive prior written notice of the defect pursuant to Administrative Code of the City of New York § 7-201 (c) (2). Accordingly, the burden shifted to plaintiff to establish one of the exceptions to the prior written notice requirement. The only possible exception applicable in this case is that the City’s affirmative act of negligence immediately resulted in the existence of a dangerous condition (see Yarborough v City of New York, 10 NY3d 726 [2008]; Oboler v City of New York, 8 NY3d 888 [2007]). Contrary to plaintiffs contention, “constructive…
2Cases cited7 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Yarborough v. City of New YorkNew York Court of Appeals · 2008
- Oboler v. City of New YorkNew York Court of Appeals · 2007
- Bielecki v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Hyland v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by12 opinions
- Pallotta v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2014
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- Flynn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Hogin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
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